Robinson v. Castellon et al

Filing 24

ORDER signed by Magistrate Judge Deborah Barnes on 04/02/19 ORDERING that within 14 days of the date of this order, plaintiff shall either dismiss this action or file an amended complaint. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH ROBINSON, 12 Plaintiff, 13 14 No. 2:17-cv-2550 DB P v. ORDER R. CASTELLON, et al., 15 Defendants. 16 17 Plaintiff is a state inmate proceeding pro se with a civil rights action under 42 U.S.C. § 18 1983. Plaintiff claims defendants were deliberately indifferent to his safety in violation of the 19 Eighth Amendment. 20 By order dated February 8, 2019, plaintiff’s first amended complaint was screened and 21 dismissed for failure to state a claim. (ECF No. 23.) Plaintiff was directed to file an amended 22 complaint within thirty days and warned that failure to file an amended complaint would result in 23 a recommendation that this action be dismissed. Those thirty days have passed, and plaintiff has 24 not filed an amended complaint, requested additional time to file an amended complaint, or 25 otherwise responded to the court’s order. Accordingly, IT IS HEREBY ORDERED that within fourteen days of the date of this 26 27 order, plaintiff shall either dismiss this action or file an amended complaint. If he fails to do so 28 //// 1 1 the court will recommend that this action be dismissed for plaintiff’s failure to comply with court 2 orders and failure to prosecute. See E.D. Cal. R. 110; E.D. Cal. R. 183(b); Fed. R. Civ. P. 41. 3 4 DATED: April 2, 2019 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 DLB:12 DLB:1/Orders/prisoner-civil rights/robi2550.osc 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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